§ 47-154. Alternative educational system impact fee calculation.

(a)

In the event an applicant believes that the impact to the educational system necessitated by residential construction is less than the fee established in section 47-151 herein, such applicant may, prior to issuance of a building permit for such residential construction, submit a calculation of an alternative educational system impact fee. Consistent with the Florida case law requirements for a valid educational system impact fee and the mandate for the provision of a uniform system of free public schools in Article IX, section 1, Florida Constitution, any determination of a lesser impact to the school system necessitated by residential construction under the alternative educational system impact fee calculation process provided in this subsection shall not be based on the projected or current use of the residential construction but shall solely be based on a consideration that the permanent physical characteristics or limitations of the dwelling units within the residential construction will generate less students initially and during their useful life than the student generation assumptions utilized in the impact fee study.

(b)

The proposed alternative educational system impact fee shall be submitted to the county coordinator who, after consultation with the superintendent, shall review the calculations and mail a written determination to the applicant within 60 calendar days of delivery of a completed alternative educational system impact fee application to the county coordinator as to whether such calculation complies with the requirements of this section.

(c)

If the county coordinator, after consultation with the superintendent, determines that the data, information and assumptions utilized by the applicant to calculate the alternative educational system impact fee complied with the requirements of this section and that the calculation of the alternative educational system impact fee was by a generally accepted methodology, then the alternative educational system impact fee shall be paid in lieu of the fee set forth in section 47-151 herein. The applicant shall present the written determination approving the alternative educational system impact fee at the time of payment of the educational system impact fee. Copies of the written determination shall be provided to the governing entity which would issue the subject building permit.

(d)

If the county coordinator, after consultation with the superintendent, determines that the data, information and assumptions utilized by the applicant to calculate the alternative educational system impact fee do not comply with the requirements of this section or that the calculation of the alternative educational system impact fee was not by a generally accepted methodology, then the alternative educational system impact fee shall be rejected. Such rejection shall be in writing and set forth the reasons therefor and shall be provided to the applicant by certified mail. The applicant shall have 30 calendar days from the receipt of written notification of rejection to request an appeal of the rejection pursuant to the provisions of this subsection.

(e)

If the applicant disagrees with the written determination rendered by the county coordinator, he may appeal the determination in accordance with section 47-169 hereof.

(f)

Any applicant or owner who submits a proposed alternative educational system impact fee pursuant to this section and desires the immediate issuance of a building permit shall pay, prior to the issuance of a building permit, the applicable educational system impact fee pursuant to section 47-151 herein. Such payment shall be paid to the county or the permitting city and shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the county, shall be refunded to the applicant or owner. The county or school board shall not pay interest on the funds paid under protest and subsequently refunded unless interest has been earned on such funds.

(Ord. No. 2008-01, § 2.04, 1-8-2008)